SUPREME COURT OF INDIA
Introduction:
🏛️ The Supreme Court of India is the highest judicial authority in the country and the guardian of the Constitution. It was inaugurated on 28 January 1950 in New Delhi, just two days after the Constitution of India came into force. The Supreme Court was established under the Government of India Act, 1935, and provisions related to the Supreme Court are given under Articles 124 to 147 in Part V, (Chapter IV) of the Indian Constitution.
👉 Before understanding the Supreme Court in detail, you should first read our simple guide on the Judiciary system of India here!👇🔗[https://www.thepolitywindow.com/2025/12/indian-judiciary-system-explained.html]
The Supreme Court plays a vital role in protecting fundamental rights, ensuring justice, and maintaining the rule of law. It works independently from the Legislature and the Executive, which helps it deliver fair and unbiased judgments. The Court has the power to interpret the Constitution, settle disputes between governments, and act as the final court of appeal in the country.
At present, the Supreme Court consists of thirty- four (34) judges (one Chief Justice and 33 other judges). It also has the authority to frame its own procedures and regulate its functioning. Through its decisions, the Supreme Court strengthens democracy and upholds the constitutional values of India.
🧑⚖️Composition of the Supreme Court:-
The Supreme Court of India is established under Article 124 of the Constitution of India. It provides for the constitution and establishment of the Supreme Court.
At present, the Supreme Court consists of one Chief Justice of India (CJI) and 33 other judges, making a total of 34 judges. Originally, the Supreme Court had only 8 judges (one Chief Justice and seven other judges).
Over time, Parliament has increased the number of judges to meet the growing workload of the Court. The number of judges was increased gradually: To 10 judges in 1956, to 13 judges in 1960, to 17 judges in 1977, to 25 judges in 1986, to 31 judges in February 2009.And later to the present strength of 34 judges
The Parliament of India has the power to increase or decrease the number of judges in the Supreme Court.
👉 Currently, Justice Sanjiv Khanna is the 51st Chief Justice of India.
Seat of the Supreme Court :- According to Article 130 of the Constitution, the Supreme Court shall sit in New Delhi. However, the Court may also sit in other places as decided by the Chief Justice of India, with the approval of the President of India.
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✍️ Appointment of Judges of the Supreme Court
The judges of the Supreme Court are appointed by the President of India. The appointment is made after consultation with senior judges of the Supreme Court and the High Courts.
This system of appointment is known as the Collegium System, in which the President appoints judges on the advice of the Collegium, headed by the Chief Justice of India.
According to Article 124(2) of the Constitution, every judge of the Supreme Court shall be appointed by the President by a warrant under his hand and seal, after consultation with such judges of the Supreme Court and High Courts as the President may consider necessary.
Appointment Procedure (Collegium System):- The appointment of judges to the Supreme Court follows a well-defined and consultative process to ensure judicial independence and merit.
Key Points of the Appointment Procedure
• While appointing judges of the Supreme Court and High Courts, the President of India consults the Chief Justice of India (CJI).
• The Chief Justice of India consults the four senior-most judges of the Supreme Court. Together, they form the Collegium.
• Any opinion contrary to that of the Chief Justice of India is generally not forwarded to the President.
• The entire process of consultation shall be in writing and confidential.
• During appointments, the principle of seniority should be followed.
Process of Appointment :-
The appointment of a Supreme Court judge takes place in the following stages:
1. Initiation :- The Chief Justice of India initiates the proposal for appointing a judge to the Supreme Court.
2. Consultation :- The Chief Justice of India consults the Collegium, consisting of the four senior-most judges of the Supreme Court.
• The CJI also consults the senior-most judge of the High Court from which the candidate is being considered.
3. Opinion:- After consultation, the Chief Justice of India forms an opinion and forwards it to the Government of India. The opinion of the Chief Justice of India is binding on the government.
4. Appointment:- Finally, the President of India appoints the judge by issuing a warrant under his/her hand and seal.
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🧑⚖️ Appointment of the Chief Justice of India (CJI)
The Supreme Court has laid down that the senior-most judge of the Supreme Court should be appointed as the Chief Justice of India.
This means:The senior-most judge of the Supreme Court is appointed as the CJI.
This practice helps avoid political influence and ensures continuity and experience in the judiciary.
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🎓Qualifications of Judges :-
A person to be appointed as a judge of the Supreme Court must fulfill the following qualifications:
- He or she must be a citizen of India.
- (A)He or she must have Been a judge of a High Court for at least five years, or (B) he should have been an advocate of a High Court for at least ten years.
- He or she must be a distinguished jurist, in the opinion of the President of India. That means - he should be expert of law in the eyes of President.
From the above, it is clear that, The Constitution does not prescribe any minimum age for appointment as a judge of the Supreme Court.
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⏳Tenure of Judges :-
A judge of the Supreme Court holds office until attaining the age of 65 years.
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⚖️ Removal of Judges of the supreme court :-
The Constitution provides a very strict method for the removal of judges to protect judicial independence.
The removal of a judge of the Supreme Court is governed by Article 124(D) of the Constitution of India. A judge can be removed from office only by an order of the President of India. However, the President can issue this order only after an address is passed by both Houses of Parliament in the same session. This address must be supported by a special majority, which means:
- A majority of the total membership of each House of Parliament, and
- A majority of not less than two-thirds of the members present and voting.
A judge of the Supreme Court can be removed only on the grounds of proved misbehaviour or incapacity. This difficult procedure ensures the independence of the judiciary.
📝 Procedure for Removal of Judge :-
The Judges Enquiry Act, 1968 lays down the procedure for the removal of a judge of the Supreme Court through impeachment :
- A removal motion must be signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha and submitted to the Speaker or Chairman.
- The Speaker or Chairman may admit or reject the motion.
- If the motion is admitted, a three-member committee is formed to investigate the charges.
- This committee consists of: (1) A judge of the Supreme Court, (2) A Chief Justice of a High Court, and (3) A distinguished jurist.
- If the committee finds the judge guilty of misbehaviour or incapacity, the matter is taken up for consideration by Parliament.
- The motion must then be passed by each House of Parliament with a special majority.
- After this, an address is presented to the President, who finally issues the order removing the judge.
It is interesting to note that the first and only impeachment case of a Supreme Court judge was against Justice V. Ramaswami (1991–1993). Although the enquiry committee found him guilty of misbehaviour, the impeachment motion failed in the Lok Sabha because it did not get the required special majority. Therefore, he was not removed from office.
This shows that the removal process involves both Houses of Parliament and requires a special majority, making it very strict.
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💰 Salaries and Allowances :-
The salaries, allowances, privileges, leave, and pensions of the judges of the Supreme Court are decided by Parliament from time to time.
- As per the latest revision, a Supreme Court Judge receives a monthly salary of ₹2,50,000.
- The Chief Justice of India (CJI) receives a monthly salary of ₹2,80,000.
In addition to salary, judges are provided with: Sumptuary allowance, Free accommodation and Other facilities such as medical care, car, telephone, and related services.
After retirement: The Chief Justice of India and other judges are entitled to a monthly pension equal to 50% of their last drawn salary.
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🧑⚖️ Acting Chief Justice of India :-
Article 126 of the Constitution of India deals with the appointment of an Acting Chief Justice of India. The President of India may appoint a judge of the Supreme Court as the Acting Chief Justice of India when:
- The office of the Chief Justice of India is vacant, or
- The Chief Justice of India is temporarily absent, or
- The Chief Justice of India is unable to perform the duties of his office.
The Acting Chief Justice performs the duties of the CJI until a new CJI is appointed or the CJI resumes office.
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⚖️ Ad-hoc Judges of the Supreme Court :-
Article 127 of the Constitution of India deals with the appointment of ad-hoc judges to the Supreme Court.
If there are not enough judges to hold sessions in the Supreme Court, the Chief Justice of India may request a High Court judge to sit and act as an ad-hoc judge of the Supreme Court, for a temporary period of time.
An ad-hoc judge enjoys: All powers, privileges, and duties of a Supreme Court judge during that period.
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♻️Appointment of Retired Judges :-
Article 128 of the Constitution of India deals with the appointment of retired judges to the Supreme Court.
• At any time, the Chief Justice of India (CJI) may request:
- A retired judge of the Supreme Court, or
- A retired judge of a High Court who is qualified to be appointed as a Supreme Court judge
• Such a judge may be asked to sit and act as a judge of the Supreme Court for a temporary period.
• This can be done only with:
- The previous consent of the President of India, and
- The consent of the retired judge concerned
• A retired judge appointed under Article 128 receives allowances fixed by the President. During this time, the judge enjoys the same powers, privileges, and duties as a Supreme Court judge.
• However, such a judge is not considered a permanent judge of the Supreme Court.
This provision helps the Supreme Court function smoothly when there is a shortage of judges.
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🏛️ Seat of the Supreme Court :-
Article 130 of the Constitution of India deals with the seat of the Supreme Court.
The Supreme Court of India normally sits in New Delhi. However, the Chief Justice of India, with the approval of the President, may decide that the Supreme Court will sit at any other place.
This provision is optional, not mandatory, and no court can force the President or the Chief Justice to change the seat of the Supreme Court. This helps maintain flexibility and judicial independence.
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JURISDICTIONS
📜 Jurisdiction and Powers of the Supreme Court
In the field of judiciary, the powers of the Supreme Court of India are very wide and extensive. Its authority is supreme, constitutional, and comprehensive. The Supreme Court is not only the final interpreter of the Constitution, but also the guardian of the Constitution and the protector of the Fundamental Rights of citizens.
The Supreme Court has advisory and supervisory powers as well. Because of these vast powers, Alladi Krishnaswami Ayyar, a member of the Drafting Committee of the Constitution, rightly remarked that
“The Supreme Court of India has more powers than any other Supreme Court in the world.”
The jurisdiction and powers of the Supreme Court can be classified into the following categories:
1. Original Jurisdiction (Article 131) :-
Article 131 of the Constitution of India gives the Supreme Court Original Jurisdiction. This means that certain cases can be directly filed in the Supreme Court, without going to any lower court.
The Supreme Court has original jurisdiction in the following types of disputes:
- Disputes between the Union (Central Government) and one or more States, or
- Disputes between the Union and any State on one side and one or more other States on the other side, or
- Disputes between two or more States
These disputes must involve questions of law or fact on which the existence or extent of a legal right depends.
👉 Only legal disputes can be brought before the Supreme Court under original jurisdiction. Political disputes are not allowed.
2. Writ Jurisdiction (Article 32) :-
Under Article 32 of the Constitution of India, the Supreme Court has Writ Jurisdiction. This means the Supreme Court has the power to issue writs for the protection and enforcement of Fundamental Rights.
Writ jurisdiction gives a citizen the right to move the Supreme Court directly when his or her Fundamental Rights are violated. Therefore, Article 32 itself is considered a Fundamental Right.
A writ is a legal order issued by the Supreme Court or High Courts directing a person or authority to:
- Perform a legal duty, or
- Stop doing an illegal act
The Supreme Court is empowered to issue the following five writs: (1) Habeas Corpus, (2) Mandamus, (3) Prohibition, (4) Quo Warranto, (5) Certiorari
If the Fundamental Rights of an aggrieved person are violated, he or she may approach the Supreme Court or the High Court for enforcement. However, Article 32 allows direct access to the Supreme Court, making it the guardian of Fundamental Rights.
3. Appellate Jurisdiction (Article 132) :-
Article 132 of the Constitution of India gives the Supreme Court the power of Appellate Jurisdiction. This means the Supreme Court has the authority to hear appeals against judgments, decrees, or final orders of the High Courts.
In simple words, Appellate Jurisdiction is the power of the Supreme Court to review, modify, or cancel decisions made by lower courts.
The Supreme Court is the highest appellate court in India. It hears appeals in both civil and criminal cases. Because of this wide power, it ensures uniform interpretation of law throughout the country.
The appellate jurisdiction of the Supreme Court can be classified into the following types:
(A) Appeals in Constitutional Cases :
Under Article 132 of the Constitution of India, the Supreme Court can hear appeals in constitutional cases from the judgments of High Courts.
An appeal can be made to the Supreme Court if:
- The case involves a substantial question of law, and
- The question relates to the interpretation of the Constitution.
In such cases, the High Court must certify that the case involves an important constitutional question. After this certification, the aggrieved party can appeal to the Supreme Court.
(B) Appeals in Civil Cases :
Article 133 of the Constitution of India gives the Supreme Court the power to hear appeals in civil cases from High Courts.
An appeal in a civil case can be made if the High Court certifies that:
- The case involves a substantial question of law of general importance, and
- In the opinion of the High Court, the question needs to be decided by the Supreme Court.
Originally, only civil cases involving a monetary value of ₹20,000 or more could be appealed to the Supreme Court. But, this monetary limit was removed by the 30th Constitutional Amendment Act, 1972.
(C) Appeals in Criminal Cases :
Article 134 of the Constitution of India deals with the appellate jurisdiction of the Supreme Court in criminal cases. It explains the situations in which a person can appeal to the Supreme Court against a criminal judgment of a High Court.
The Supreme Court can hear an appeal in a criminal case in the following situations:
1. If a High Court reverses an order of acquittal passed by a lower court and sentences the accused to death, the accused can appeal to the Supreme Court.
2. If a High Court withdraws a case from a subordinate court, tries it itself, and convicts the accused and sentences him to death, an appeal lies to the Supreme Court.
3. If the High Court certifies that a case is fit for appeal to the Supreme Court, the convicted person can appeal even if the sentence is not death.
In simple words :- The Supreme Court hears criminal appeals mainly in serious cases, especially where the death penalty is involved or where the High Court believes that the case should be decided by the Supreme Court.
(D) Appeal by Special Leave :
Article 136 of the Constitution of India gives the Supreme Court special power to grant Special Leave to Appeal.
Under this Article, the Supreme Court may allow an appeal against any judgment, decree, or order passed by any court or tribunal in India. This power can be used in any type of case—civil, criminal, or constitutional.
👉 Exception: This power does not apply to judgments given by military courts or tribunals.
4. Advisory Jurisdiction (Article 143) :-
Under Article 143 of the Constitution of India, the President of India can seek the opinion of the Supreme Court on any important legal question or a matter of public importance.
If the President feels that a question of law or fact needs clarification, he or she may refer the matter to the Supreme Court to obtain its opinion.The Supreme Court then examines the issue carefully and gives its advisory opinion to the President.
👉 The President is not bound to follow this opinion. However, the opinion of the Supreme Court carries great value and respect, and it is generally followed.
5. A Court of Record (Article 129) :-
Article 129 of the Constitution of India states that the Supreme Court of India is a Court of Record. This means that:
- The judgments, orders, and proceedings of the Supreme Court are officially recorded.
- These records have permanent legal value and are accepted as final evidence.
- Such records cannot be questioned when produced before any court.
- The decisions of the Supreme Court bind all courts in India.
According to Article 141, the law declared by the Supreme Court is binding on all courts within the territory of India.
Powers as a Court of Record the Supreme Court has two important powers :
(a) Permanent Records : The judgments and proceedings of the Supreme Court are preserved for future reference. They are treated as legal precedents and have high evidentiary value.
(b) Power to Punish for Contempt : The Supreme Court has the power to punish for contempt of court under Article 129, which may include : Simple imprisonment up to six months, or Fine up to ₹2,000, or Both.
In 1991, the Supreme Court clarified that it can punish for contempt not only of itself, but also of High Courts, subordinate courts, and tribunals across India.
6. Power of Judicial Review :-
Judicial Review is the power of the Supreme Court to examine whether the laws passed by Parliament and State Legislatures, as well as the actions of the Central and State Governments, follow the provisions of the Constitution. Through this power, the Court checks that no authority acts beyond the limits set by the Constitution.
If any law or executive action is found to be against the Constitution, the Supreme Court can declare it unconstitutional, illegal, and void. Such laws cannot be enforced by the government. Judicial Review helps maintain the supremacy of the Constitution, protects fundamental rights, and ensures a balance between the Legislature, the Executive, and the Judiciary.
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7. Other Powers and Functions of the Supreme Court (Miscellaneous) :-
- If found guilty of misbehaviour, the Court may recommend their removal.
- The advice of the Supreme Court in this matter is binding on the President.
- It can also transfer cases or appeals from one High Court to another.
